Malano v. Bressan

delivered tbe opinion of tbe court.

On September 8, 1924, tbe plaintiff, Joe Malano, filed a complaint in tbe justice court of Silver Bow township, in which it was alleged that in tbe month of July, 1923, $1,000 was deposited in a Butte bank as security for payment on a proposed shipment of California grapes, of which amount the plaintiff furnished $250, the defendant a like amount, and one Joe Ber-gamo $500; that the amount deposited by plaintiff always remained his property; that the grapes were not shipped and thereafter defendant withdrew plaintiff’s money from the bank, and that on August…